IS IT ALWAYS THE MIDDLE?

Postby hethmar » Tue May 24, 2005 9:53 pm

Just contacted a specialist solicitor - he wants £130 an hour! Is that usual. Reckons 2 hours just to read through papers and advise.
hethmar
 
Posts: 434
Joined: Fri Apr 22, 2005 10:12 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Postby Maverick.uk » Tue May 24, 2005 10:00 pm

hethmar wrote:Just contacted a specialist solicitor - he wants £130 an hour! Is that usual. Reckons 2 hours just to read through papers and advise.


The rate set by our solicitor in the terms of engagement for the legal expense insurers is £95 per hour.

Regards

Mav
Maverick.uk
 
Posts: 1567
Joined: Fri Feb 25, 2005 8:36 pm
Location: Suffolk, UK

Postby hethmar » Thu May 26, 2005 10:22 am

Unfortunately, as I mentioned though we have legal insurance they tell us that boundary disputes are not covered.

Maverick, how far into suffolk is your firm, as we are not far north of the border?

Our solicitor tells me that if we put forward all our arguments in letter to the NFH, if he does not reply that silence is regarded as acceptance/agreement in law. This doesnt sound right to me, is that so please?
hethmar
 
Posts: 434
Joined: Fri Apr 22, 2005 10:12 am

Postby Maverick.uk » Thu May 26, 2005 1:13 pm

hethmar wrote:Unfortunately, as I mentioned though we have legal insurance they tell us that boundary disputes are not covered.

Maverick, how far into suffolk is your firm, as we are not far north of the border?

Our solicitor tells me that if we put forward all our arguments in letter to the NFH, if he does not reply that silence is regarded as acceptance/agreement in law. This doesnt sound right to me, is that so please?


http://www.davies-lavery.co.uk/

And no that doesnt sound right to me either, ours went quiet for a year then re started.

Cheers

Mav
Maverick.uk
 
Posts: 1567
Joined: Fri Feb 25, 2005 8:36 pm
Location: Suffolk, UK

Postby syckend » Mon May 30, 2005 10:50 am

Hethmar you have clear evidence that the hedge is yours; that it was planted by your predecessor in title; and that it has been maintained by them and you since that time.

List all the evidence you have collected on this - and everything else - in chronological order so that you have an orderly file to hand to a solicitor.

Now is the time for action. You need to re-establish the boundary fence/line that your neighbour has tried to alter by removing old fence stakes [whose fence was that and who put in the stakes?]. It seems you have several reference points - like the fence panel put in by your neighbour [when was that?] and old stake holes. Once you are absolutely sure you have the correct line, do as despair suggests, and - just inside the old fence line - put in your own fence with stout metal posts and maybe chain link fencing. [Could you get an Alsatian dog that you would need to keep on your land?]

When NFH comes back to you bullying you to remove the fence you can write a brief, polite, totally factual reply [as your solicitor suggested] - which would be important evidence should the case ever get to court - reminding him that the hedge is yours; that he destroyed part of your hedge without any consultation with you; and that you are only replacing the fence stakes that he has removed and destroyed, along the original boundary line established xxx years ago.

Explain that you lived peacefully with your former neighbour for many years and hope to live peacefully in the future. However tell him that you will seek an injuction should he do further damage to your property.

I believe your solicitor is right - if NFH is silent once you give him the facts that goes in your favour. However NFH is unlikely to be silent once you put your fence in - then he must provide evidence that you have trespassed on his land. If that boundary has been in the same place for over 12 years - I believe - unless the law has changed recently- that he has no case because of adverse possession.

If you are nervous run all this past your solicitor [once you have collated all your evidence as advised above]. However you cannot leave things as they are as you cannot sell your house until things are resolved.

All the best.
syckend
 
Posts: 986
Joined: Sat Feb 26, 2005 9:25 am
Location: South Coastal area

Postby hethmar » Mon May 30, 2005 2:06 pm

Very many thanks for your input. I had started to waiver a bit and I needed to hear what you all think.

Went to our solicitor on Friday - with a letter we wanted him to send, plus a declaration by mr and mrs pig that they accepted the boundaries and hedges and that they would not do anything or allow anything that would prejudice or be detrimental to our long standing enjoyment of our property and curtilege.

Solicitor tried to disuade us from sending letter and then tried to soften it - but we stood firm. He doesnt have to live on a daily basis with this bully grinning at him through the hedge.

We listed all our signed docs - including the waiveleave registration for the bt pole and the previous owners daughters statement, the nephew of the previous owner of his plots statement, gardeners who had worked on the gardens for 18 years, aerial photos from English Heritage (not that they covered the period I really wanted, but then, what has he got?) and also recent photographs of the damaged hedge/trees and the original boundary stakes he removed and discarded on to a bonfire to gain access to our hedge. We have said we want a definitive conclusion and if they dont sign and return the declaration we shall issue proceedings without further notice.

The hedge has been in place 58 years - surely that is enough in itself, but if so, why doesnt solicitor say that? Perhaps if we force the man to go to a solicitor now when he gets the letter, he would put him straight and tell him he has no leg to stand on.

Solicitor said that would sound oppressive to judge, we should say "reserve the right to issue proceedings" but the grinning monkey next door would just see that as us bluffing and not intending to go forward.

So guys, next week should be make or break time (the solicitor said we had to increase the 10 days we gave him to 21 days to reply). I was still waivering yesterday thinking we were harsh, but I was sitting in our dining room with the doors open to the back garden, doing some writing and I heard next door talking about getting the concrete delivery through the back. The old guy helping pig said "Well, are you going to speak to next door about it first?" Whispered answer and then old guy gaffawed.

So that rather hardened my resolve!
hethmar
 
Posts: 434
Joined: Fri Apr 22, 2005 10:12 am

Postby hethmar » Wed Jun 01, 2005 12:32 pm

Have now received the faxed "draft" letter from solicitor - basically the one we gave him to send. He attaches a note"As you know I am not totaly in agreement with sending this as I feel it is too harsh".

Are we being harsh or are we trying to knock the whole situation on the head for our peace of mind.
hethmar
 
Posts: 434
Joined: Fri Apr 22, 2005 10:12 am

Postby syckend » Wed Jun 01, 2005 7:00 pm

Your solicitor is just being cautious. He has a duty to help you resolve matters without going to court. Should the case go to court he wants the judge to know you have given your neighbour time to consider all the facts and take proper legal advice.
It won't harm your case to give him 21 days to respond nor to say 'reserve the right to issue proceedings'. You are still demonstrating that you mean business.
If he shows signs of backing down a bit, it may even be possible to negotiate to cede a few inches to your neighbour so long as you retain your hedge.
The law moves slowly so don't despair.
syckend
 
Posts: 986
Joined: Sat Feb 26, 2005 9:25 am
Location: South Coastal area

Postby syckend » Thu Jun 02, 2005 10:02 am

Hethmar - just a thought on aerial photos - and the one in the 1950s that might show your solitary house with hedges both sides: did you try Ordnance Survey in Southampton? They have a huge library of slides covering the whole of the country [the detail would frighten anyone trying to encroach on neighbouring land!]. If they don't have such an early one they may point you in the right direction.
syckend
 
Posts: 986
Joined: Sat Feb 26, 2005 9:25 am
Location: South Coastal area

Postby hethmar » Thu Jun 02, 2005 12:49 pm

Hi many thanks, tried that one. Have a dozen photocopies of aerial photos from 1946-1988. Unfortunately not the critical 1947-1952 period (sods law) however, have added them to our list of "documents in our possession as they do bulk out the file and certainly the ones in the 60's show the hedge in place.

Ive just been looking out the window (cautiously) at nfh -his had a delivery of ready mix cement. Now when we had that done, we also paid extra for a pump to pump the cement down the narrow passageway to the footings.

Not old nfh - he has the normal mixer lorry plus some Heath Robinson affair on the otherside of the garden (having hacked down the bushes that side) and then a home made chute. Even a 5 year old could tell you a woodchip bit of board wouldnt hold the weight of heavy cement - but no, obviously not occurred to him.

I heard a lot of shouting and yep, the whole lorry load is now in a pile next to the garage the otherside of his garden so he is having to shovel and wheelbarrow it. I think this gives you some idea of this guys forethought.
hethmar
 
Posts: 434
Joined: Fri Apr 22, 2005 10:12 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Hedges

Who is online

Users browsing this forum: No registered users and 2 guests